HUMAN RIGHTS COUNCIL: Review of child rights Special Rapporteur role

[14 March 2008] - States and NGOs alike called for the renewal of the mandate (what is this?) of the Special Rapporteur on the sale of children, child prostitution and child pornography at the 7th session of the Human Rights Council.

Uruguay as the main sponsor of the mandate started the review process. It recalled the Special Rapporteur had presented seven thematic reports over the course of the  mandate and carried out nine country visits. Uruguay pointed out that the results of the nine country visits carried out and the thematic reports written by the Special Rapporteur provide a ‘diagnostic agenda’ for further work in this area.

Uruguay stressed that the mandate had contributed to the development of specific proposals for legislation and assistance programs and had developed ideas for innovative measures to protect children and systems of urgent search measures.

It claimed that many of these proposals had been taken onboard by governments and implemented at the domestic level. In relation to country visits by the Special Rapporteur, it regretted that many States did not accept visit requests. Uruguay further highlighted the Special Rapporteur’s communications with governments as important preventive tools, and stressed the importance of following up communications and cases received.

Turning to the future importance of the mandate, Uruguay claimed that international organised crime is financing itself through the sale of children, child prostitution and child pornography, and said that there are indications that sexual exploitation and child trafficking is expected to grow in the future. For this reason, it stressed that governments and civil society should unite in the combat against such practices. It called on the Council to continue the mandate.

Mr Juan Miguel Petit, the current mandate holder, recalled that the mandate was set up in 1990, when the Commission on Human Rights had sought to address the increase in the sale of children and sexual exploitation of children. He said the mandate had contributed to building an international system of protection and has helped States to strengthen national mechanism. On this note, he expressed his conviction that only through democracy could human rights be guaranteed, and therefore could children be protected from violations.

Mr Petit, like Uruguay, recalled that his mandate had used three main tools; country visits, thematic studies, and communications to governments. He mentioned that this year's report focused on best practices regarding the setting up of rehabilitation centres for children victims of trafficking.

The future

Turning to the future of the mandate, he said the mandate would now move into a new phase. While noting large progress in the development of new judicial instruments for the protection of children, it was now necessary to develop specific mechanisms and policies to address the root causes of the problem.

To develop such tools, he said, was the challenge for the future. He in particular mentioned that development of policies to strengthen the ‘social fabric’ would be beneficial. In relation to the whole system of special procedures, Mr Petit shared his vision of a summary of all special procedures reports, which would allow to better publicise their work and give more visibility to human rights defenders. He also suggested the establishment of a ‘world special procedures day’.

Interactive dialogue

All States and NGOs that took the floor welcomed the mandate and supported its renewal. Many welcomed the thematic focus of the various reports prepared by the Special Rapporteur. Slovenia (on behalf of the EU) recalled that in his last report, the Special Rapporteur highlighted that much more work needed to be done in the field of assistance and rehabilitation programmes for exploited children, and appreciated the Special Rapporteur’s guidelines in this regard.

The International Save the Children Alliance, in a joint statement, appreciated the work of the Special Rapporteur, and said the mandate was a very useful and accessible mechanism for NGOs.

Brazil, on behalf of the Group of Latin American and Caribbean States (GRULAC), stressed the Group’s conviction that it is a very important mandate that has contributed significantly to the protection of children. Argentina said the mandate was particularly needed in view of the gravity of the crimes linked to the sale of children.

Switzerland highlighted the importance of national strategies developed, while Malaysia highlighted the role that local communities play as ‘watchdog’ or informal monitoring units in combating the exploitation of children. Some States highlighted measures taken at the national level to combat the exploitation of children.

Tanzania mentioned the forthcoming adoption by the parliament of new legislation prohibiting the sale of children. Morocco stressed the importance of the full participation of civil society in the implementation of such measures.

A number of speakers commented on the future focus of the mandate. The Russian Federation suggested the mandate should study sex tourism connected to the exploitation of children. International Save the Children Alliance in a joint statement made a number of suggestions to improve the focus of the mandate.

It called on the Council to ensure that sexual exploitation of children be addressed from a child rights perspective, taking into account the specific vulnerability of children; to mandate the future Special Rapporteur to apply a gender perspective to his or her work, acknowledging that sexual exploitation impacts differently on boys and girls; and to ensure that all States are held accountable to their international obligations in this regard.

Slovenia (on behalf of the EU) suggested that closer cooperation with the Special Rapporteur on trafficking in persons, especially in women and children would enhance the effectiveness of the mandate.

Switzerland went further and expressed some concern about the overlaps of the mandate with other institutions of the UN, in particular with the Special Rapporteur on trafficking in persons, the Special Rapporteur on violence against women, and the Special Representative of the Secretary-General for children in armed conflict.

Overlap fears unfounded

In his closing statement, the Special Rapporteur disputed the suggestion that there was overlap between his mandate and other special procedures mandates. He said that, while there are crosscutting areas, which link to several mandates, all ‘facets’ of a subject needed to be illuminated.

The Russian Federation, as during the review of other mandates, expressed its ‘hope’ that the Special Rapporteur would carry out his or her mandate in accordance with the code of conduct.

After the Special Rapporteur’s and Uruguay’s final statements, President Costea closed the review by encouraging everyone to participate in continuous consultations on the draft resolution aiming at the renewal of this mandate.

pdf: http://www.ishr.ch/hrm/council/dailyupdates/session_007/14_march_2008.pdf

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